Slips and falls are the third most common reason for personal injury lawsuits in Nevada. And just as slip-and-fall claims are common in Nevada, depositions are common in slip-and-fall lawsuits.
Read on as we discuss what a deposition is, who may be called for it, and what questions one can be asked during a slip-and-fall deposition in Nevada.
What is a Deposition?
If this is the first time you have been a party to a legal claim, chances are you may not know what a deposition is.
A deposition is an out-of-court interview conducted by the opponent’s attorney during the first investigation phase when someone files a lawsuit. The purpose is to get more information about the incident.
It may seem like an informal question-and-answer session, but a deposition holds great legal value and is conducted under oath and in the presence of a court reporter, so it’s important to prepare for it.
Who is Called for a Deposition?
Anyone who’s a party to the case may be called for a deposition. This involves the victim, the party/person at fault, and anyone who witnessed the accident. If needed, the attorneys may call medical care providers or any other experts for deposition as well.
However, considering that the victim files the case, they are the first ones to be interviewed. Victims are also the ones to go through the most thorough depositions as they carry the burden of proof.
What Questions Can You Be Asked in a Slip and Fall Deposition in Nevada?
Nothing you say during a deposition goes unnoticed. Therefore, when you’re called for one, it’s important to prepare in advance. Here’s the list of some of the most commonly asked questions in slip-and-fall depositions in Nevada to help you face it with confidence:
● Personal History
In addition to the usual details, such as your name, occupation, and area of residence, you may also be asked about family, criminal background, drug and alcohol use, the places you have lived before, and your work history. The exact questions you will be asked depend on your role or position in the case.
The purpose of taking personal information is to get an idea about your credibility.
● Medical History
When defense attorneys call someone for deposition, they try to extract as much information from them as possible in the hope of finding something that could potentially weaken the case and give their client an advantage. They may ask about your medical history to know if your injury could likely be a result of some pre-existing health issues, if your health made you more prone to the injuries you have suffered, and if you’re able to recall the incidents accurately, i.e., you do not have any memory problems.
● How Did the Incident Happen?
Regardless of whether you’re the victim in a slip and fall accident in Nevada, the owner of the property where it happened, or a witness, you will be asked to narrate the incident. The attorney will ask you to tell every little detail, no matter how small or unimportant it may seem. You will also likely be asked very specific questions about the situation.
● What Clothes and Shoes Were You Wearing at the Time of the Accident?
This may seem like an irrelevant question, but it is actually a crucial one. By asking this, the defense attorney wants to determine if your clothes and/or shoes could have potentially caused you to fall or slip.
● What Injuries Did the Accident Cause?
After setting the premise and getting all the basic details about what happened and how, the attorney will come to the main subject and will inquire about the injuries you sustained in the slip and fall accident that you have filed the claim for. Expect this to continue for a while, and be ready to be asked the most questions.
● What Medical Treatment Did You Get or Are Receiving?
After establishing the level and extent of your injuries, the lawyer will ask about the treatment you received or still getting for them. You will be asked to show medical documents to back your claims. You will also have to show hospital bills to prove the medical expenses.
Never Go to a Deposition without Your Lawyer
Having an attorney by your side is the biggest favor you could do to yourself when summoned for a deposition. No matter what your position in the case is, if you’re involved in a slip-and-fall lawsuit in Nevada, hire a lawyer to educate you about your rights and help protect them.
Hire a Slip and Fall Attorney from The Bourassa Law to Guide and Assist You Through the Case
While everyone who’s a party to a slip-and-fall lawsuit requires a lawyer, the victim needs the legal professional the most as they carry the burden of proof.
If you have been injured in a slip and fall accident in Nevada, hire an experienced attorney from The Bourassa Law for the best advice and legal representation.
Whether you’re looking for an out-of-court settlement or want to file a court case, our slip-and-fall lawyers in Nevada will help you at every step.
Contact us today for a free case evaluation.
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